WhatsApp...WhatsApp...WhatsApp

That excuse you had – ‘Sorry, didn’t read your message’ – 
has just become untenable. At least, on WhatsApp.

Whatsapp’s latest feature for Android and iOS is the deadly two 
blue ticks. These notify the sender of a message being sent, 
delivered and read by the recipient. So if the message has been 
sent, the sender will see one grey tick against it, two grey 
ticks if it has been delivered and two blue ticks if it has been 
read.

This new feature is a very significant update. Especially in 
case of emergencies, a sender is sure the message has been 
received and read. Even if someone has hidden their ‘last seen’ 
status, the two blue ticks will notify the sender that the 
message has been read. This will help those in an emergency.

But users believe this is a double-edged sword. 

WhatsApp did what most are dreading—read messages confirmations back to the sender. While people some are happy about the feature, others are freaking out.

WhatsApp has started sending back read message confirmations back to the reader by issuing blue double tick marks on the message. This indicates and confirms that the message has been read / seen by the user on the other end.

Previously, a single tick would mean that the message is sent and a double tick meant that the message has been received on the phone. However, there was no confirmation whether the message was seen by the recipient and when. But now there is no escaping as the sender will know if you saw the message and when. While blue ticks could be great for some, it could ruin relationships for many others. This could take an adverse effect on WhatsApp users and force them to migrate to other chat applications to avoid controversies.

The last time WhatsApp made changes to the app was including the last seen time stamp. Many did not like it and WhatApp made a tweak by including privacy settings. With blue ticks, WhatsApp has not made any options for now.

So how do you escape the blue tick and make life a little easier? Well, there are a few methods online, which works for some while others complain that it does not. The method states that when you receive the message, don’t open WhatsApp straightaway. Simply peep from the notification bar and you will be able to read the message instantly. The moment you click on the message, WhatsApp will open and your message’s blue tick will be forwarded.

Some say that you should put your smartphone in Airplane mode and then check the message. This way, WhatsApp will not send the read confirmation to the sender. You can then switch back to normal mode after checking the message. While some said that it worked, others stated that WhatsApp immediately syncs after you start your 3G or Wi-Fi and the read confirmation (blue tick) is forwarded to the sender.

RTI gifts freedom to life convict

Had he not petitioned the Ministry of Home Affairs (MHA), M.R. Shanmugasundaram would have spent the rest of his life in Tiruchi Central Prison.

Shanmugasundaram, an Indian national, was convicted under the provisions of the Poison, Opium and Dangerous (Amended) Act in a case of drug offence and awarded the death sentence by the Negombo High Court (Sri Lanka) in 1994.

The punishment was commuted to life sentence through a presidential pardon and then to 25 years in prison. Under a SAARC exchange agreement, Shanmugasundaram was transferred to Tiruchi Central Prison in 2013.

A couple of months before he completed 25 years in prison (taking the remand period into consideration), he pressed jail officials for his release. However, the authorities maintained that there was no record to facilitate his release and he had to undergo imprisonment for life.

Left with no other option, Shanmugasundaram sent a petition 
under the Right to Information Act to the MHA to know the 
status of his imprisonment in Tiruchi Central Prison.

When the matter was referred to the Ministry
of External Affairs, the officials wrote back to
the convict,

No problem, you can read the writing
on the wall and count your days!

stating that the information sought by him should be obtained from the Tamil Nadu government. However, the MEA also sought a clarification from Sri Lankan prison authorities.

After it was confirmed that Shanmugasundaram’s claims were true and that his imprisonment was commuted to 25 years, the MHA informed the State government that the convict was entitled to release.

“Based on a specific order from the MHA, we released Shanmugasundaram from Tiruchi Central Prison recently.

Had he not petitioned the Ministry of Home Affairs, Shanmugasundaram would have probably spent the rest of his life in jail

RTI gifted freedom to life convict.

(the hindu)

ATM FRAUD - a novel method employed

Over a period of four months, employees 

of the Corporation Bank — some present 

and some former — swindled the bank 

of Rs 5.91 lakh, but the total fraud 

committed — including by various 

other groups of unknown persons — 

is reported to be a whopping Rs 66.58 

lakh. 

The modus operandi used by the fraudsters required scrupulous precision during execution but was deviously simple in nature. Known as the 'exit shutter manipulation fraud', the accused would boldly enter an ATM kiosk and insert their card. 

• Once the PIN and requested amount had been keyed in, the machine would authenticate the card and account, and the process of cash dispensation would begin. 

• Now comes the tricky part: in order to carry out the fraud, the accused would simply place their hand against the exit shutter — where the cash is normally dispensed from for a few seconds, triggering a message that there was a fault with the shutter, to be passed on to the ATM switch inside. 
• This would cause the machine to automatically reverse the transaction in the switch, i.e. the amount requested by the accused, which had been debited from their account, would immediately be reversed credited back to the account. 
• However, when the exit shutter was released after a few seconds, the ATM would dispense the amount previously requested since it was manually halted during the process of dispensation. 
• Given that the physical cash would be dispensed without any amount being debited from the accused's account, their account balance would essentially never decrease, thereby causing a loss to the bank concerned instead. 

When Corporation Bank got alerted to the heavy and suspicious losses, they conducted an internal investigation and realised a largescale fraud was taking place and informed the company contracted with refilling their ATMs with cash. 

This was then communicated to CMS Info Systems along with relevant card details and supporting documents like snapshots, video clippings, and copies of electronic journals containing specifics of the fraudulent transactions. CMS Info Systems then held their own inquiry and found that 15 of their employees' salary account ATM cards had been used to commit some of these frauds. 

Confirming the incident, deputy manager of CMS Info Systems, Shankar Pawar told Mirror, "We have filed a complaint with the police and investigations are on. The accused have not been arrested yet, and our technical team as well the bank's main service provider has taken precautionary measures to prevent a repeat. Our legal team is also working on the case so we can determine the exact amount lost to fraudulent transactions."

SREERAM'S QUERY

Expenses incurred upto Rs 5000/- in a year for preventive medical
check up are eligible for tax benefits under Sec 80 D of I T Act.

My view is that if the Master Check-up provider had charged for 

TMT & 3D Echo separately, reimbursement of those expenses 

upto the prescribed limits can be claimed from New India as per 

the rules of our Group Mediclaim Policy subject to fulfillment of 

the policy conditions. 

It should be ensured that such additional tests are authorized 

by appropriately qualified Medical Professionals. IT exemption 

will be available only to the extent of the package amount charged 

for Master Check up by the provider. 

Although specifically,TSH (Thyroid) is not included in the 

‘reimburseables’ list, I feel Mr Sreeram can make a formal claim 

for reimbursement with a request to add this diagnostic test also 

in the list. 

There is no reason why the New India Assurance Co should not 

allow reimbursement for a test costing Rs 5000/- while allowing
reimbursement for less expensive tests.

C H Mahadevan

Married woman can get father’s job: Madras HC

CHENNAI: Why is it that a married daughter of a deceased government employee is not eligible for appointment under compassionate grounds, whereas a married son is eligible, the Madras high court has wondered. "There cannot be any discrimination between a married son and a married daughter. Making discrimination between a son and a daughter on the ground of marriage is arbitrary and violative of fundamental right to equality," Justice D Hariparanthaman said in a ruling last week.

The matter relates to a petition filed by P R Renuka, saying that her father, an office assistant with the animal husbandry department, died while in service in February 1998. He left behind his wife and three married daughters, besides an unmarried daughter.

Since Renuka was the eldest among them, and also because she had been deserted by her husband and hence living with her father at the time of his death, she sought employment under compassionate grounds. She also furnished a copy of her divorce decree dated September 9, 1999.

The authorities rejected her plea on September 16, 2002 stating that she was not entitled for compassionate appointment because she was already married. Noting that her divorce came more than one-and-a-half years after her father's death, the government said only an unmarried daughter or one who is divorcee at the time of her father's death is eligible for appointment under compassionate grounds.
(TOI)

Most banks hold off revised ATM charges, for now

MUMBAI: Leading banks, including ICICI Bank, HDFC Bank and Axis Bank, are continuing to offer free withdrawals from ATMs and five withdrawals at non-home bank ATMs even after the circular allowing them to restrict transactions comes into effect. 

Several public sector banks are also yet to revise their charges while private banks such as Kotak

Mahindra Bank and Yes Bank are allowing unlimited withdrawals from third-party ATMs to customers with larger balances. Axis Bank, which has the second largest network of 12,930 ATMs, has said that existing charges will continue for its customers. So have ICICI Bank and HDFC Bank, which have the third and fourth largest networks of 11,447 and 11,426. 

Kotak Bank continues to offer free withdrawals in ATMs across the country for customers maintaining a balance of over Rs 10,000. Yes Bank too offers unlimited access to all ATMs to most of its customers. 

Last month, the RBI had said that effective November 1, banks can start charging account holders in six metros — Delhi, Mumbai, Chennai, Kolkata, Hyderabad and Bangalore — for transactions more than five times a month at their ATMs. 

RBI makes SMS alerts for cheques mandatory

MUMBAI: Banks will now start sending SMS alerts to both payer and drawer in cheque transactions as soon as the instruments are received for clearing. Expressing concern over the rise in cheque-related fraud cases, the Reserve Bank of India (RBI) has made SMS alerts mandatory for such transactions.

RBI has also asked banks to alert a customer with a phone call and obtain confirmation when dealing with suspicious or high-value cheques. Until now, SMS alerts were mandatory only for card transactions.

"The rise in the number of cheque-related fraud cases is a matter of serious concern. It is evident that many of such frauds could have been avoided had due diligence been observed at the time of handling and/or processing the cheques and monitoring newly-opened accounts," RBI said in a circular to all banks.

The Times of adds:
Besides sending alerts, banks have been asked to ensure that all cheques of over Rs 2 lakh are scanned under an ultraviolet lamp that will highlight any tampering. In case of cheques of over Rs 5 lakh, banks have been asked to scrutinize them at multiple levels.

RBI has told banks that clearing cheques should not be a mere mechanical process and banks should bestow special attention on the quality of equipment and personnel deployed for cheque clearing.

An interesting love story

How teen Sachin bowled Anjali

Mumbai, Nov 5 2014, PTI:

It was at an airport where medical student Anjali Mehta saw the wonder boy of Indian cricket and was floored by the “cute looks” of Sachin Tendulkar.

She ran after him screaming “Sachin, Sachin”, much to the embarrassment of the 17-year-old Tendulkar. She even forgot about her mother whom she had gone to pick with a friend.

This story of love-at-first-sight was revealed by Anjali Tendulkar, wife of one of the greatest batsmen in world cricket.She was speaking at the launch of his autobiography “Playing It My Way”. The first copy of the book was presented to Sachin’s mother Rajni Tendulkar by the cricketer himself.

“I had gone to pick my mother and then I saw him and my friend told me he is the wonder boy of Indian cricket. I told my friend, ‘Oh, he is so cute’. Then I ran after him and I forgot about my mother,” Anjali said.“Sachin was so embarrassed and did not even look at me.”

Anjali said she managed to get the number of Tendulkar after that, called him and was lucky that he picked her call.

“I called him and said I am Anjali and I saw you at the airport. He said he remembered me. When asked what colour I was wearing, he remembered that it was an orange colour T-shirt.”
Anjali, now a mother of two, said she was destined to meet him, since on two previous occasions she could have met Tendulkar but could not do so as she was not interested in cricket.

“He was there with Star Cricket Club and I was also there in England. My dad called me when the Indian team was playing. He wanted me to meet the boy who had scored a century but I said I don’t want to meet this boy, I am not interested in cricket. Maybe if I had met, I would have chased him when he was 15,” she said as the gathering listened to the love story with attention and amusement.
Anjali also revealed how Sachin was scared when she visited his house for the first time, posing as a journalist.

“He was a bit hesitant, he said ‘how can a girl  come to my house’.”

Tendulkar said his sister-in-law guessed that something was fishy in the whole episode. “She asked me whether she was really a journalist or something else,” Tendulkar said. She had seen him giving Anjali chocolates.
Anjali also said it was difficult to be in touch with Tendulkar on  tours as there was no e-mail, sms and the call rates were very expensive. And whenever she made calls, she would do so after 10pm, walking out of the campus, a stretch of which was always full of ‘goondas’ in the night, since the call rates were low only at that time.

“Writing letters was the best option in those days,” she said.

Anjali said it was she who informed Sachin’s parents that they wanted to get engaged since he was away in New Zealand. Tendulkar said telling his parents that he wanted to marry Anjali was tougher than facing the most fearsome fast bowlers.

“Indeed it was and that is how I had planned it. I was sitting in New Zealand happily and Anjali did it,” he said. Anjali said it was tough to be the wife of a cricket star. “People think it is very glamorous, but it is tough. Whenever your husband gets out early, India loses, you feel personally that you have done something wrong. And travelling with kids was never easy,” she said.

Time Is Ripe

Dear all,

             

               Now let us be clear about our demands:-

• 1. Hundred percent neutralization of DA / DR for pre-01-08-1997 retirees,
• 2. Updation / Revision of pension right from the date of retirement or from the date of commencement of pension scheme ( 01-11-1993 ) giving weightage in par with working employees on every wage settlement,
• 3. Arrears of the above two dues,
• 4. Permissible interest on arrears till the date of disbursement,
• 5. The judgment of the Apex Court  should be applicable to all the pensioners, including family pensioners, etc.,
• 6. Time bound settlement.

                        

                 LET US US ALL UNITEDLY PRAY ALMIGHTY

                      FOR SMOOTH EARLY SETTLEMENT.

With highest regards, Fraternally Yours, 

M.P.Subrahmanian, 

RIEA,Madurai.

Murty's point answered

Dear Sir,

Thanks licpensionerschronicle for posting Sh TK 

Chakraborthy's mail regarding AIIPA'S stand on 

pension upgradation.

I hope Sh M S Sreenivasa Murthy is convinced. 

Let AIIPA'S service for the welfare of LIC pensioners 

continue.

Long live AIIPA.

A V Subbaraman Coimbatore Division
(lic pensioners'assn coimbatore divn)

• Why talk of resolutions - Yes I did receive mails after mails accusing that even AIIPA is opposed to pension updation. Shri AV Subbaraman wrote from Coimbatore: " Further to my post yesterday (not published) regarding AIIPA's stand on upgradation of pension I contacted an executive member who attended the Conference at Nagpur. He told me that AIIPA is not for pension updation."  Not reading the Resolutions passed in the Conference and at the same time 'arguing' is not a crime ! 
• The same is the case with Shri Sridharan's stand in the matter.  He is accused of opposing
  
  pension updation while the fact is that he has only said, he is for "plucking the easier ones early".  There is absolutely no question of opposing pension updation as he has repeatedly informed me and also conveyed through the long interview published in the Chronicle. (Wrongly twice mentioned as DA updation instead of pension updation, now corrected. -Ed.)

LIC Appeals coming up for hearing in SC on 12-11-2014.‏

When the Supreme Court takes up the tagged 

appeals of L.I.C. in the Pensioners case on 12-11-2014, 

the expectation is that the judgement will be in favour 

of the Pensioners. Let us hope that it becomes reality.

In this connection, I fervently hope that besides the favourable judgement, in the interest of aged and aggrieved pensioners, our advocates while arguing our case, request the Court to order for early implementation so as to prevent L.I.C. from putting off the implementation as far as possible.

Having lost many of our colleague pensioners who could not see the benefits during their life time, at least now, the hope is that the benefits should be enjoyed by all the surviving aggrieved pensioners. Let us hope that our advocates will bear this point in mind and help the aged, aggrieved surviving partners.

aiipa writes to chronicle

Digital verification of your 'existence'

Millions of retired people could soon be spared the trouble of travelling to banks to prove they are alive…

Millions of retired people could soon be spared the trouble of travelling to banks and post offices to prove they are alive to claim pensions. The government is working on a scheme for digital verification of pensioners.

“We are developing the means to allow pensioners to prove they are alive by a combination of Aadhaar numbers allied to a software tool that can be used from anywhere”, RS Sharma, secretary, department of information technology, told The Indian Express.

Current rules mandate that any person who draws a pension from her employer has to submit a proof every year that she is alive. While there are several alternative form of certificates that banks and post offices accept (11 types for government pension), in all cases they have to be presented by the person who draws the pension to the office from where the monthly payment is made. This applies for spouse to draw family pension, too. The few exceptions are for certified cases of ill health or permanent disability but here too the onus is on the disbursing agency to assure the person is alive.

This is also one of the reasons why government departments wed their pensioners to a single branch of a bank or a post office as the verification records are maintained by that office in physical documents. In February 2013 the department of expenditure relaxed the rules to allow pensioners to hand over their certificates to any branch of the bank which handles her pension account.

Once the alternative system is in place, it is expected to be extended to the pension market for unorganised sector in India too. Gautam Bhardwaj, managing director, Invest India Micro Pension Services agreed that pension companies in this sector would need this support. “They have not worked out anything so far, but an Aadhaar based application would be essential, I expect”, he said.

The new system will be a joint effort of the finance ministry and the department of information technology. It will allow people to seed their pension accounts with Aadhaar numbers and on top of that build in an additional level of verification using a touch application to demonstrate the person is alive.(the financial express)

We'll pass the litmus tests in the Apex Court too !

PG's Notes, the brief editorial is mrudaanee kusumadapee, khatheenaanee vajradapee. It is compassionate to pensioners in general. It is emphatic in conveying that AIIPA without doubt is for both DR(100%) and updation of pension.

The petitioners had had their considered views when 

they approached the Courts for redressal - Mr. X then 

considered that it may be a cake walk to achieve 100% 

DR neutralisation. He did not want the larger 

contentious issue of updating of pension on the 

principle of OROP be combined with DR issue as 

OROP was/ is not available to the GOI pensioners, 

( the OROP granted to defence pensioners from 

01-04-2014 - modalities being worked out for its 

implementation ).

There would have been not much difference in the total pension drawn by the pensioners retired in 1986, 1993, and 1997 with 100% neutralisation in DR. For example: The total pension of AAO at the maximum in the last five pay scales for Aug. 2014 works out to Rs.19855/-, Rs.20712/-, Rs.22434/-, Rs25699/- and Rs.32379/-. Over a time the difference in pension is alarmingly widening. All have realised that both demands together only shall meet the ends of justice,(Equality under article 14 of the Constitution of India), ensure parity among the past, the present and future pensioners.

If the Apex Court also allows 12 % interest on the arrears of pensions as awarded by the P&H HC, it would amount to the perfect icing on the cake !

We have passed the litmus tests in three high courts and won. And, hence, we can face the Supreme Court with full confidence on the 12th November,2014 : we shall pass the litmus tests in the Apex Court too !

SN (a 1992 pensioner)

A journey into legal matters

1. Differential treatment in fixing pension unfair ( Kalakurichi TQ Retired officers association VS State of TN Civil appeal NO 8853-8855of 2012

2. LIC held talks with various employees / officers association and had circulated agreed conclusions vide their letter dated 14-01-1994 that DA will be paid to the officers at the same formula as is applicable to employees but while notifying the pension regulations the rates were slashed to half without authority and arbitrarily

3. Extract of Justice ( RETD ) VR Krishna Ayer’s letter dated 17-07-2010 addressed to Shri Pranab Mukherjee the then HON Minister for Finance :-

May I disclose to you the pathetic condition of a class of people arbitrarily alienated from the beneficial stream of pensioners in LIC. 

What is arbitrary is unconstitutional as a constitution Bench has held in the Supreme Court in Maneka Gandhi’s case. ( Maneka Gandhi v Union of India AIR 1978 SC 597 ) The SC again in a weighty judgment observed that the date of variation cannot be the basis of differential pension (Vide Nakera V Union of India AIR (1983 SC 130: 1) 

4. SEC 21 of LIC Act- A postmortem :-

CA before double Bench- Justice MaheshBagavathi Justice Dalip Singh :-

The Bench enquired from LIC counsel whether on the plea of the appellant LIC before the single judge that the aforesaid resolution of the BOARD requires the approval of the Central Government the Counsel appearing for 

UOI submitted that the resolution dated 24-11-2001 is pending decision before GOI but LIC was otherwise free to take its own decision.” Thus there was no reason to seek approval because day to day decisions are not required to be sent to GOI for approval. The law in this regard is settled in view of various judgment cited by the petitioner’s counsel and even the counsel for UOI accepted and submitted that it is only policy decisions that too involving public interest needs to be referred to GOI and not every decision of the Board requires the approval of the Government. There is no element of public interest involved if the resolution of the Board is implemented. 

On the contrary implementation of the Board resolution would take away the discriminatory treatment among the pensioners. The Board of LIC who is appellant before us has itself taken a decision to remove the discrepancies and discrimination with regard to payment of dearness allowance and pension to the retired employees under its resolution of the Board dated 24-11-2001.

This is only a meager attempt to bring in a capsule some important points which surfaced during the court proceedings. Let us hope that with so much of backing from court verdicts and so far justice being rightfully on our side we can look forward to a favorable verdict on 12 NOV


R.K. Viswanathan

Sreeram

Dear Sir,

I am Sreeram retired RM from SCZO, Hyderabad in 06/2013.  I request you to kindly clarify me on the following aspects, if possible:

(1) I underwent master/pre-medical check up on my own.  Since ECG & TSH revealed some adverse features for me, I had undergone TMT & 2D ECHO.  For TSH (thyroid), I consulted an expert Dr.Sethi as out patient & on his advice, I underwent a special test and presented the report to him.  Around Rs.5000/- was spent by me.  Now whether, I am eligible for IT exemption for these tests (since I underwent on my own without reference from any doctor).  Also whether the special tests 2DECHO & TMT come under our medi-claim policy?.  Kindly clarify if possible.

I regret for the inconvenience.

Thanks & regards,

Sreeram

AIIPA NOTE, RB Kishore's sane reflections...

We had uploaded a mail and reply thereto saying 

" You may keep your counsel to yourself " under 

the head ‘no comments’. Subsequently we received 

more comments. We found that judged by the 

nature of the discussion taking place in these mails, it was of no interest to the Chronicle. And as such we have since withdrawn the post ‘no comments’. We do not intend to publish any more mails containing the contentions in this matter, let us put the unfortunate episode behind us and go forward with our business. 

AIIPA NOTE – We enjoyed the comments of Shri CH Mahadevan on AIIPA note. He writes: ”I refer to the AIIPA’s note on court cases posted in the PC. The note is quite comprehensive giving the historical and chronological developments on the LIC pensioners’ litigation interspersed with the perspective taken by the AIIPA."

He continues:"As regards the reference to the Circular of July 2012 on Agenda Note opining that the LIC Board Resolution provides only for full DR neutralization and not updation, I wish to differ with the view.

"I do feel that the Resolution could have been more clear in its wordings so that diverse interpretations would have been avoided. But reading between the lines of the Resolution, it is not difficult to conclude that it provides for removal of DR anomaly right from 1/11/1993 (or the date of retirement, whichever is later), 100% DR neutralisation from 1/8/1997 and upgradation of pension with weightage. If it was only for the purpose of 100% DR neutralization for pre-August 1997 retirees, what is the relevance of the mention in the Resolution of upgradation with weightage of 11.25% as was done in the case of in-service employees?

"Secondly nowhere in the Board Resolution there is an indication that such type of upgradation was meant to be a one time exercise. If it indeed was the intent of the LIC Board on 24/11/2001, would it not amount to a situation where one type anomaly sought to be removed would give rise to and perpetuate another type of anomaly, not only for the same generation of pensioners, but also for future generations as well? ....”

The discussion of this nature will no doubt enhance the quality of discussion in the Chronicle. It is more so when another contributor Shri Murty has also referred to the AIIPA Note and said:“I appreciate the sheer conviction with which the then prevailing situation was methodically analysed and presented by who ever was its author.”

It should be appreciated that AIIPA has a stand on the subject whether one likes it or not. The Note was lying on the right side bar of the blog for the last 3 years. Nobody made any comments on the two notes made available by the Chronicle and the third one published just a

few days back. And one day people appear on the scene and say, Sir let us ignore the same. Harping on criticism without reading the note is sheer prejudice and such people will go on criticizing. They will never seriously go through the contents and come out with any comments. But let us assure you, we are for discussion.  The fact that no query was ever raised on this Note clearly indicates that AIIPA has only just made a survey of the situation obtaining on the legal front and it is meaningless to say that AIIPA is against upgradation.  If any one thinks that upgradation is just a 'cake walk', and if that belief is based only on what is written in the Board Resolution and Jaipur judgment, we have serious reservations, more so, when it is admitted and said : "the Resolution could have been more clear in its wordings so that diverse interpretations would have been avoided. "



Shri RB Kishore had contributed some sane reflections on supreme court case and we had carried the same in our columns in a special format appreciated by some of our readers but subsequent discussion disappointed us. While it should be our endeavour to boost the morale of the pensioners, just after reading Shri Kishore's well argued article, it cannot be said that we are winning the case on 12th November 2014. We have to “ secure an unambiguous Judgement in our favor. It is not a cake walk but a very intricate exercise”  That being the case we want the pensioners be told that we are taking all possible steps to win the supreme court case. But it should not mean that we should celebrate 12th November 2014 as victory day. We have made many such mistakes in the past. Let us not repeat such mistakes once again.

Write up very timely !

My dear Sir, 

Your write-up on the above subject is very timely.

Rivalry and craving for one-upmanship is not new in Trade Union history !

Difference of opinion and well-intentioned criticism so that the best of solutions

for contentious issues may surface is the essence of democracy and should be

welcome !  After the BOARD RESOLUTION dated 24-11-2001, LIC itself has 

submitted its intention of granting 100% Neutralisation of DA/DR for those who

retired before 01-08-1997 to rectify the anomaly and giving 11.25% weightage,

by way of its recommendation to the MOF while seeking approval for its said 

Resolution. This has been confirmed by three High Courts in analogous judgments. 

The Pensioner community is looking forward to a favourable verdict from the Hon.

Supreme Court in its ensuing Final Hearing slated for 12/13-11-2014 in the light

of a series of positive judgments achieved for over a decade long pitched

legal battle !  

It would, therefore, be pertinent to analyse the intention of airing a skewed 

interpretation of the Board Resolution dated 24-11-2001 and the judgements of the

three Hon. High Courts and refusal to stay the operation of the judgment dated 

12-01-2010 of the Hon. Jaipur HC by the Hon. Supreme Court at this juncture,

is to uphold the cause of the waiting, anxious pensioners !  Wisdom should prevail

over partisan considerations ! 

With best regards, 

A. BALASUBRAMANYA 

Shri Murty reads the writing on the wall again !

Dear Sri Gangadharan,

Thank you for promptly publishing my Note. I am also thankful for the Editor's responses to some of my observations and questions. There appears to have been some ruffling of unintended feathers.

Thank you also for inviting my attention to the comprehensive Note dated 16 Oct 2011 by AIIPA, lying quietly in the very valuable PC archives. I have now gone through it line by line and I appreciate the sheer conviction with which the then prevailing situation was methodically analysed and presented by who ever was its author. I concede I missed it because I am a relatively late entrant in to our pension 'movement'.

Dear Editor, let me emphasize that I continue to be intrigued with the Notes from AIIPA the latest being a kind of reiteration of its stand declared full three years ago. Specially its timing bothers me. Don't we all know that much water has flown beneath the bridge since then? In my school days, I was taught that light travels in straight lines. I was also taught 'don't ever pour water in case of burn injuries'. Later science discovered new theories on light and later medicine proved that old taboo in handling burn injuries is totally wrong.

My question naturally remains - whether AIIPA is FOR or AGAINST pension up-gradation in LIC. Then and Now.

When I attempted to join the same old discussion initiated afresh by AIIPA, it was not without purpose. Every such debate helps better understanding of the intricacies of the ongoing battle before the Apex Court. And helps sharpen our tools and in making our approach better. I have no problem if AIIPA or Mr GNS think that in their view we have no case for Pension up-gradation. But I do have it if they say (directly or subtly) that we shouldn't ask for it.

In deference to your suggestion that I may come forward with some serious comments, I certainly wish to do so. Some of these may be repetitions of what I have stated earlier through the PC. Also, I reconfirm what I see as a writing on the wall (the funny cartoon that I too enjoyed, notwithstanding) - if the writing is not visible to some, they need 'visionary' help. Let me add that I do see pension up-gradation as a writing on the wall. What I am trying to figure out is the effective date and the other contours.

Our pension issues awaiting adjudication by the Supreme Court, stand on a much higher footing than what is generally perceived. All the lofty analysis of the AIIPA and some others who are equally skeptical appear oblivious to the evolutionary developments governing the policy of pension up-gradation in the country. I don't know why some leaders perennially harp on Sec 21 and Sec 48 of LIC Act and highlight the Government's powers (and the Corporation's powerlessness) more than the Government itself? Nobody (at least not I) is disputing those powers or functions. Then what is all the fuss about?

If the Corporation passes a Resolution and recommends to Government to amend the Pension Rules, Government has the choice to accept the recommendation or reject the recommendation. In the latter case, there should be a valid reason. The Government also has the obvious choice not to do either, because no Statute or Rule mandates otherwise. It chose that option in our case. Why? Not for any sensible reason but because IBA told the Government 'don't accept, the recommendation' - 'otherwise it hurts us'. Government in its wisdom therefore sat on the Board Resolution for fourteen long years. Now, what has the Government (in spite of) being a Respondent, contended in the CAs before the Supreme Court? NOTHING. It did not contend in the current CAs even what it did in the WP pending (undecided) before Allahabad HC. What does it all mean? Government knows the law laid down emphatically by the Supreme Court. No Statute or Rule which violates Articles 14 & 16 of the Constitution will survive SC scrutiny. Unfair discrimination is and has been held to be the villain in the case of LIC Pensioners. If so, can the Government get away perpetuating it? That is what we are supposed to highlight and secure justice via the Apex Court. And not squabble on irrelevant questions like "has LIC got powers while Sec 21 and Sec 48 are not repealed?" "Can it be directed by Rajasthan HC to do what it cannot do legally?"

Supreme Court's powers to enforce constitutional rights are unfettered. If the demand for DR anomaly removal and Pension up-gradation are upheld as valid by the Supreme Court, it has the powers to direct the Government to 'amend the Rules and permit LIC to pay'. Why should we fight Sec 21 or Sec 48 of LIC Act? Let them be there and remain sacrosanct.

Our task therefore is mainly to highlight before Supreme Court that the existing dispensation in pension payments in LIC (to both pre-August 97 and post- Aug 97 retirees) is in violation of Art 14 & 16 of the Constitution of India. If we succeed, the Supreme Court knows (more than us) how to put an end to the discrimination. We need to remember that the Appeals to be decided are filed by LIC and NOT by the Pensioners. We have only to rebut all that LIC contends to oppose the three HC Orders. And then secure an unambiguous Judgement in our favor. It is not a cake walk but a very intricate exercise.

This is where we need unity of approach. If the three Respondents separately opposing the three CAs, firmly believe that the LIC Pensioners are entitled to Pension up-gradation they will also discuss and agree on what is the best approach to secure the same. Our counsels know what to say and what not to say and they may also agree on who says what. If AIIPA thinks we have no case for Pension up-gradation, they are entitled to stick to their 'organizational' stand. I will still be be personally curious to know why they think so.

Any reference during the course of arguments, to the Board Resolution (whether it includes this or excludes that) and any reference to the much publicized claims that a quarter dozen High Courts have already granted what we want, can only be made in passing. Undue emphasis on those facts may land us in trouble. Let us prepare for the final battle at a much higher plane.

I will revisit the discussion after Nov 8. I still ask my question - is AIIPA FOR or AGAINST pension up-gradation in LIC?

M. Sreenivasa Murty

Write up by Shri RB Kishore

The write up of Shri R.B. Kishore, VP, AIIREF including the latest posted in the PC on 01-11-2014 - "FACE 12 NOV  SC BENCH HEARING WITH AN OPEN & TRUSTED MIND .. SANE REFLECTIONS" are as stated / caricatured by the Editor calm, serene, tranquil as if written with intent to soothe all, be panacea to all without sacrificing the right to the wrong. 

It is worth recollecting what Omar Khayyam has said," The moving finger writes; and having writ, moves on; nor all your piety nor wit shall lure it back to cancel half a line, nor all your tears wash a word of it." 

SN(a 1992 pensioner)

Let's not start Victory celebrations...

old age emotions
of the toothless !

All writings by Mr. Kishore are not read by the SC and HC Judges.  The legal system in India is impervious to all pensioners’ old age emotions and toothless grumblings.  We need strong legal resources – only.

Boosting our morale by ourselves does not affect the judicial processes.  Let us work on that.

                                                Best Regards,

K.K.Sheri

(Excerpts of a post published on 18-05-2013 in the Chronicle. -Ed.)

Pensioners have a right to know all details of the case,
they should be told there're fair chances of winning,
but they shd also be prepared to face all eventualities. 
Everything depends on SC judges' attitude. THEY CAN 
DO AND UNDO THINGS...

DEAR SH R.B.KISHORE,


A MAGNIFICENT WRITE UP - MUCH NEEDED - TIMELY AND TRUE. PENSIONERS THROUGH OUT THE COUNTRY ARE FULLY CONFIDENT,
HAVE FAITH & TRUST NOT ONLY IN THE JUDICIARY BUT ALSO THE CRUSADER, LEADERS OF AIRIEF & OTHER ACTIVISTS, PETITIONERS & THEIR LEGAL ADVISERS IN THE THREE HCs CASES OF PENSIONERS COMING UP BEFORE THE HONORABLE SUPREME COURT ON 12TH NOV. 2014 - RIGHTLY CALLED BY YOU AS A VICTORY DAY.

IT IS AN HAPPY AUGURY THAT A UNITED APPROACH & THINKING HAS EMERGED
ON THE TWIN ISSUES AND ALL
ARE MOVING IN THE RIGHT DIRECTION
FOR FULL JUSTICE TO BE DELIVERED BY
THE APEX COURT.

LETS PRAY AND HOPE THAT AGONY, TORTURE AND UNNECESSARY HARASSMENT
WILL COME TO AN END AND WE ALL CELEBRATE THE VICTORY DAY.

WITH BEST WISHES AND REGARDS,

H K AGGARWAL.

THANKS TO EDITOR, LIC PENSIONERS CHRONICLE
FOR THE PUBLICATION. HKA

Shri RB Kishore's write up

Dear Editor, The long and meaningful write up of Mr R.B. Kishore is a befitting reply to the doubting Thomases in our midst. It tries to din into the stubborn minds of such persons confidence and trust about the upcoming D-Day of Redemption for the LIC Pensioners at large. The darkness and gloom which those who try to spread into the tired minds of the Retired will certainly vanish in the thin air come 12th November.

Let us all be cheerful and happily look forward to that "ANEWALA ACHCHA DIN". May the Almighty help us. J M ABOOBUCKER 

RB Kishore

The writeup on Court cases & legal matters 

as also views & news of AIIPA about LIC 

Board Resolution or even observations on 

Hon SJ Bhandari’s judgement, especially 

looks queer & strange. 

When plethora of valid, clearcut interpretations duly substantiated, have been aired, for last many years, more so after 5/2010, it looks indeed improper etiquette on the part of AIIPA to endeavour, at the last stage, when all eyes are eagerly looking forward to a redemption for the frustrated pensioners, hoping for a final victory at the SC hustings from 12 Nov 2014. 

calm

More so when Chronicle wanted to don the role of a Samaritan, a Saviour & endeavoured its best to mollify the feelings, angry outbursts, retorts & of course, in that process, smouldering flames spreading like wild fire, as all wanted to have wide circulation & publicity, as it is spicy & juicy news, much ado about nothing in reality, as we miss the wood for the tree, without caring for the kernel of courtcraft submissions & arguments which till today none knows, but preparations are at advanced stage, yes, with noble purpose & objective to convince Hon. SC Bench  of the right, modest & legitimate demands of all groups of pensioners & demanding Constitutional Fundamental Rights not to be obliterated or erased but more so protected & adequately conferred on them & enough ammunition to thwart LIC arguments, for whatever reasons, including those adduced by AIIPA in their wonderful 2 or 3 Notes. 

If LIC has submitted long pages for SLP/CAs, rest assured we all have also supplied more than matching rebuttal of LIC arguments in a befitting, confident & courageous manner, from every angle, with in-depth presentation, which have all the elements of superceding LIC submissions, & conquering their weakness, & adequately impressing Hon SC Bench for a positive & favourable Judgement.

2)  It is a matter of twists & turns, & after long time when dust is about to settle, in all good sense of the term, without illwill or malice, it is shocking that this tactics is being resorted to, pretending good intentions, but in reality a facade for putting spokes at a wrong time, which itself any sane pensioner worth his salt, will definitely gauge.  

Above all, does it mean there are people & Assns or Fedns who want & pray for defeat & go all hog to see that pension upgradation is not granted or approved by Hon SC Bench ? That day, if at all, will be a dark day, God will forbid, for then such a minority view will close the doors not only for all post-8/1997, a much larger group, but also deny the apple of a fine Family Pension on this enhanced RP every 5 years, but also save the Family Pensioners from a pittance of a lowest FP to a respectable FP to lead a dignified life. Do we want all these deserved benefits not to percolate but to evaporate & wither away? 

serene

Friends, please let this not happen after all these 14 years of long drawn, gruelling & tortuous Kurukshetra legal battle. How many times have we stated & aired wonderfully thro the Mouthpiece of the Chronicle, to educate & enlighten, to form, inform, reform, transform & perform thro as many worthy competent individual activists whose only passport for any Hall of Fame is their impartiality, wisdom & statesmanship & bring all nuances of law, widest coverage of legal provisions, extracts of LIC Board Resolution, further fup by LIC itself in various enthralling letters to MOF & especially the clinching letter of LIC marked Secret dt 31/12/2001 secured thro RTI, which speaks of & lays emphasis on pension parity among generational group of pensioners. 

3)  Friends, all these months, when only veteran GNS, GS, Fedn of Retd LIC Classs I Officers Assns,was postponing coming round to support Twin Benefits of Full DR & Pension upgradation with every wage revision, with best efforts from then President Sri SK Shukla & GS AIRIEF, Sri VCJain, in Kolkata EC meeting, atlast after persuasion, he gave assurance that in the SC, he will uphold twin benefits.When such congruence has arrived, after hectic efforts, suspense & thrill, it is unfair to kindle fire again instead of creating a positive stroke & synergy, as mass unity & mass prayers with Full Faith can unleash wonders,  pensioners awaiting to see good road ahead & indeed a varaprasad, which they richly deserve. 

Let us remind ourselves that in recorded history, pensioners have not lost their case or cause. If Punjab & Haryana HC Judgement accepting Rajasthan HC verdict of admitting both the writs 6676/1998 on DR & 654/2007 on pension upgradation, still Doubting Thomases exist, & this Court went further to order 12 % interest, instead of keeping mum on this aspect as they legitimately felt about delay, or let the law in SC take its course attitude they didn’t adopt, so too Delhi HC while relying heavily on Rajasthan HC verdict, also graciously empathized & added the much-needed oxygen to pensioners that verdict will be applicable ‘in rem’.  So too, when SC Bench much earlier on 14th October, 2012 while giving clarification to their earlier vague order 17 Nov 2011, asserted –settle retiral benefits from the date of eligibility, meaning date of retirement, thereby emphasizing pension upgradation.

4) Pension upgradation was & is the MANTRA of AIRIEF. AIRIEF displayed high the MOU between LIC & all UNIONS dt 14/1/1994 wherein unequivocally 'SAME DR for PENSIONERS as SAME DA for EMPLOYEES' is mentioned. PRE-8/1997 Pensioners cannot be shied away. So too, we in AIRIEF prepared the LOSS of PENSION Chart way back & circulated it to all LIC, MOF/UOI. 

tranquil...

We stayed in Mumbai for days, met LIC Board Members, convinced them, that apart from Equal DR to all, Pension revision with every wage revision alone can rectify or remedy the glaring anomalies & absurdities in pension witnessed amongst various cadres inter-se.That saw the 11.25% Fitment weightage inserted to upgrade pension. 

It is an eloquent testimony for equity & equality. As some right-thinking pensioners & activists say & proclaim, it is 'ALREADY A WON-CASE ". Remember Hon SJ BHANDARI utilised LIC Board Resolution, delineated the same, interpreted as a stepping stone to further his arguments to rewrite another unique Magna Carta for LIC pensioners.

• Why, recollect & reinforce yourselves that if famous Nakara judgement,1983, regarded as the Magna Carta for pensioners presided over by Hon SC Chief Justice Y.V.Chandrachud in a 5-Judge Bench pronounced & upheld pension upgradation, 
• remember just 4 months before, Hon CJ, SC again Justice R.M.Lodha who laid down office on 26 Sep, 2014 in a similar 5 Judge SC Bench ruling upheld OROP for Armed Forces & even when UOI tried to stick to 9/2012 as effective date, series of all Petitions, SLP, CA, Curative petitions were summarily dismissed admonishing CG & ordering them to implement from 6th PC date 1/1/2006. 
• What else do we need? Have trust & faith. Everything is predominantly in pensioners favour. Let us cleanse atleast the impurities in our mind, hold aloft the bright torches, please